R.O. GILES ENTERPRISES, INC. v. MILLS

No. 2008-CA-000709-WC.

275 S.W.3d 211 (2008)

R.O. GILES ENTERPRISES, INC., Appellant, v. Roger L. MILLS (Deceased); Linda S. Mills (Widow); Linda S. Mills, Executrix of The Estate of Roger L. Mills; Larry Mills d/b/a Larry Mills Logging; Hon. Donna Terry, Administrative Law Judge; Uninsured Employers' Fund; and Workers' Compensation Board Appellees.

Court of Appeals of Kentucky.

September 26, 2008.


Attorney(s) appearing for the Case

James R. Golden Middlesboro, KY, for appellant.

Jack Conway, Attorney General of Kentucky, Patrick M. Roth, Frankfort, KY, for appellee, The Uninsured Employers' Fund.

Before NICKELL, MOORE, and STUMBO, Judges.


OPINION

MOORE, Judge.

R.O. Giles Enterprises, Incorporated, appeals from an opinion of the Workers' Compensation Board affirming a decision of the Administrative Law Judge (ALJ) that R.O. Giles was an up-the-ladder contractor pursuant to Kentucky Revised Statute (KRS) 342.610(2)(a). Concluding that there is substantial evidence in the record to support a finding that the arrangement between R.O. Giles and Larry Mills, d/b/a, Larry Mills Logging fits...

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